1. My Art Guide (“MAG”) manages a website “MyArtGuide.com” that provides an infrastructure for art related information, including but not limited to viewing Artworks through digital images along with their details. The information can be viewed through different platforms including computers, tablets, mobiles etc.
2. MAG is not an online gallery or sells Artwork directly on the website. It does however allow Galleries to list Artworks available for sale and Registered Users can contact Galleries through the website. MAG is not in any way responsible for the accuracy of information and any transaction of Artwork listed on the website. PLEASE READ THESE TERMS CAREFULLY so as to make your own decision.
4. MAG, thorough it’s Content or Services is not providing advice on the Content, Artist or Artwork on the website including with respect to accuracy and reliability of information. As a User, you acknowledge that any decision you take based on the Content of the website is solely your own independent decision.
5. Galleries, Artists and Collectors (Individuals) can upload Artwork on the website and use other Services available on the website but will need to register first by completing our Registration process. During the Registration process you will be required to provide certain information and will need to create a password. You agree to provide accurate, current and complete information during the Registration process and to update such information to keep it accurate, current and complete.
6. You are responsible for safeguarding and confidentiality of your password and must not share it with a third party and must immediately notify MAG if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security.
7. The Registration and use or our website and Services is non-exclusive and non-transferable. You are not allowed to transfer your account or provide access to any third party whosoever.
8. We may reclaim or repurpose any username or URL on our website at any time at our sole and unfettered discretion.
9. You agree to receive communications from us electronically by email or on any communication platform connected to the platform. If you would like to withdraw your approval to receive emails, please send us an email to do so, however, it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered by MAG.
10. MAG reserves the right to suspend or terminate your Account at its sole and unfettered discretion.
Uploading Artworks and Information
11. As a Registered User, you may directly or through MAG support, upload and list digital images of works of art, articles or other publications. You can submit digital images of Artwork as a Gallery or to showcase Artwork sold or being offered to sell. Artists can upload their own work and Collector Artwork they own (uploaded with sold status). In addition, the Artist by registering on the website, give other Users including MAG the authority to upload on the website any other Artwork of the Artist in order to help build the database, however the website provides the Artist the functionality on the website to hide his own work uploaded from being displayed on the platform.
12. While the right to remove any uploaded material including digital image is at the sole discretion of MAG, and written request with a reasonable reason to remove or display any Content on the website will not be refused.
13. MAG reserves the right to remove or refuse to display any Content on the website at our sole and unfettered discretion.
14. There may be information on the website that contains errors, inaccuracies or omissions or is inconsistent with the terminology and format used on the website. We reserve the right to make any changes, correct any inaccuracies or omissions, and to change or update information at any time without prior notice. This includes access to copy, crop and resize the digital image. We undertake no obligation to update, amend or clarify information in the information on the website.
15. We reserve the right, with or without prior notice, to change descriptions or references to Artworks, products, subscriptions, software, or Services with the objective to enhance or improve the accuracy of the information.
16. A User of the website may be required to verify their identity and MAG reserves the right to edit any listings to ensure that they comply with MAG requirements.
17. The Artwork and other Content uploaded is uncensored and may include nudity or other visual or written material that some people may consider offensive or inappropriate including for children and minors. MAG is not responsible for the Content being uploaded and the User is responsible for preventing minors from accessing the Content and must not reproduce, distribute, modify, publish or otherwise use any Content in any way without prior written approval from MAG or the appropriate third-party rights holder.
Responsibility for Works
18. The User acknowledges and agrees that they are solely responsible to upload factual and accurate information and digital images on the website. The User also confirm that you are authorized to upload and share the information.
Sale and Purchase of Artwork on the website
19. Galleries may upload Artwork for sale and may include a price. The accuracy of that information and to update the information is the responsibility of the Gallery. The Gallery grants MAG the right and license to reproduce, distribute and publicly display copies of the Artwork and information.
20. MAG does not sell Artwork on behalf of the Galleries or third parties or charge any commission of fee of any sort to the Galleries or buyers. All Artwork is offered for sale and sold directly from the Gallery to the buyer, and MAG is not a party to any sale transaction and neither is it responsible for transferring legal ownership or physical possession from the seller to the buyer.
21. MAG may facilitate communication between buyers and sellers through the website however, this is offered to users for convenience only. MAG’s involvement is limited to providing this marketplace through the website and will not make representations or warranties as to the character or reputation of any buyer or Gallery.
22. If a User agrees to purchase an Artwork uploaded on the website or contacts the Gallery, the transaction and negotiations are between the buyer and seller. Any payment for the purchase will be directly to the seller and MAG is not responsible in anyway to any sale / purchase transaction. Users can only contact Gallery which has uploaded the Artwork, access to Artist or other Uses is nor provided on the platform.
23. MAG respects copyright laws and expects its Users to do the same. It is MAG’s policy to terminate Registration of Users who repeatedly infringe the rights of copyright holders.
24. MAG does not authenticate Artwork. It provides the Artists the ability on the website to tag an Artwork uploaded under their own name only as authentic and painted, sculptures, photographed or produced by themselves and claim as their own work. MAG is not responsible for the accuracy of the information, Content or the authentication provided on the website. Artists are responsible for managing their own account and updating the information. If the artist realizes that their account has been misused by anyone or inaccurate information uploaded, the artist must inform MAG in writing at the earliest.
25. The website may contain publications or links to third-party websites or resources. MAG is not responsible or liable for accuracy of the information or the Content from such websites or resources. Such links and features are for convenience and facilitation only and do not constitute or imply any association of MAG with any such websites or resources.
Termination and Account Cancellation
27. If you breach any of these Terms, MAG has the right to suspend or disable your Registration at its sole and unfettered discretion and without prior notice to you.
28. You acknowledge and agree that your access to and use of our Services is at your own risk, and that our Services are provided to you on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, with respect to our Services or any Content, all of which MAG and our officers, owners, directors, consultants, agents, and employees (collectively, the "MAG parties") expressly disclaim to the fullest extent permitted by applicable law. The MAG parties make no representations or warranties of any kind, express or implied, that our Services or any Content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete, free of errors, safe, secure, or free of viruses or other harmful components, or that the use of our Services in any way will give rise to any specific results.
29. You release the MAG parties from all claims, demands, suits, damages, losses, liabilities, and expenses of every kind arising out of or in connection with any disputes, User Content or conduct, performance or non-performance, Artwork or other property exhibited, listed, marketed, offered for sale, or sold or communications, interactions or meetings (whether in person, online or otherwise) between you and one or more other Users or other third parties resulting directly or indirectly from your use of our Services.
30. MAG does not provide advice, whether oral or written. No action should be taken or purchase made based upon any of the information contained in the Services and you should seek independent advice from a professional and/or a person who is knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.
31. You are solely responsible for all of your communications and interactions with Users of the Services. You understand that MAG does not screen or inquire into the background of members or other users of the Services, nor does MAG make any attempt to verify the statements of any members or users of the Services. MAG makes no representations or warranties as to the conduct of Users. You agree to take reasonable precautions in all communications and interactions with Users.
32. MAG parties will not be liable to you or any third party for any damages, injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with: (i) these terms; (ii) our Services; (iii) the use of or inability to use our Services; (iv) any conduct, performance or non-performance; or (v) any Content, goods or Services made available on, through, or in any way connected with our Services (whether online or offline) by us or any other User or other third party.
33. All trademarks, service marks, logos, trade names and any other proprietary designations of MAG used herein are trademarks or registered trademarks of MAG or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
34. These Terms constitute the entire and exclusive understanding and agreement between MAG and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between MAG and you regarding the Services.
35. If you have a complaint, concerns or questions about these Terms and Conditions, you may contact us on firstname.lastname@example.org
"User" or “Registered User” means any person or entity that accesses or uses our Services in any way, whether or not they register for a MAG account, including you.
“Registration” means the process of completing the sign-up process for the website.
"Content" means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both MAG Content and User Content.
"MAG Content" means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
"User Content" means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
"Services" means on the MAG website and/or on any MAG mobile application.
"including" means "including but not limited to" unless we specifically indicate otherwise.
“Artwork” means a form of art irrespective of the form, medium or type.
“Gallery” means the art gallery that are in the business of promoting and/or selling art.
“Artist” means the creator of the Artwork that is displayed.
“Collector” means individuals that collect or have an interest of collecting art.
"MAG parties" means MAG and our officers, owners, directors, consultants, agents, and employees.